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High Court of Karnataka · body

2025 DAILYLAW 29277 (KAR)

THE MANAGER ACKO GI LTD v. PAPAIAH I N

MFA/5315/2023 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE RAJESH RAI K. AND SRI. X.M. JOSEPH, MEMBER M.F.A.No. 5315/2023 (MV) (Lok Adalat No. 595/2025) BETWEEN: The Manager, ACKO GI Ltd., Office 36/5, Hustle Hub, One East, Somasandra Palya, 27th Main Road, Sector 2, HSR Layout, Bangalore-560 102, And also No.9, 17th Main Road, 5th Block, Koramangala, Bengaluru – 560 095. ...APPELLANT (By Sri. B. Pradeep, Advocate) AND: 1. Papaiah I.N. S/o Nanjappa, Aged about 32 years, R/o No.3, Near Govt. School, Ittangur Village, 2 Sarjapura Hobli, Anekal Taluk, Bengaluru Dist. 2. B.M. Nandeesha S/o Munireddy, Major, R/o No.15, Sri. Sai Nilaya, 2nd Floor, LODS Steps Layout, Panatur Dinne, Gunjurpalya, Bengaluru – 103, (Exparte). …RESPONDENTS (By Sri. Kailas Shankar P.S., Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 07.08.2023) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.04.2023 PASSED IN MVC NO. 2210/2021 ON THE FILE OF THE XX ADDL. SMALL CAUSES JUDGE AND ACMM AND MACT (SCCH-22), BENGALURU, AWARDING COMPENSATION OF RS.5,70,863/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Respondent - Claimant is present. The learned Counsel appearing for the Appellant – Insurance Company along with its representative are present. 3 2. After prolonged negotiations, the matter is settled amicably. A joint memo signed by the learned advocate appearing for the respondent/claimant (being authorized by the respondent/claimant to sign) and the learned advocate appearing for the appellant-Insurance Company and its authorized officer is filed. The respondent - claimant has agreed to receive and the appellant - Insurance Company has agreed to pay a sum of Rs. 4,70,000/- (Rupees Four Lakhs Seventy Thousand only) with interest @ 6% p.a. from the date of petition till deposit instead of Rs.5,70,863/- with interest @ 6% p.a. awarded by the Claims Tribunal in full and final settlement of the claim. Hence, the Joint Memo is accepted. 3. The Appellant - Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of award, failing which the said amount shall carry interest at the rate of 9% P.A. from the date of default, till the date of deposit. 4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal. The amount if any, deposited before this Court shall be 4 transferred to the Claims Tribunal and further, the amount in excess if any, shall be refunded to the Insurance Company. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER Rbv